Court : Patna
R.N. Prasad, J.1. In both the writ petitions, similar questions are involved hence they were heard together and are being disposed of by this common order.2. The prayer in both the writ petitions is to issue direction to the respondents to appoint the petitioners on the post of Assistant Engineer (Civil) in Road Construction Department, Government of Bihar, Patna on the basis of the recommendation of the Bihar Public Commission dated 6th of January, 2003 as per the requisition made by letter dated 30.1.1999.3. The case of the petitioner is that pursuant to the requisition dated 30.1.1999 of the Road Construction Department, Government of Bihar, Patna, the Bihar Public Service Commission published advertisement No. 25/99 in daily newspaper 'Aaj' inviting applications from the eligible candidates for appointment of 129 Assistant Engineers (Civil) under the Road Construction Department, Government of Bihar. Pursuant to the said advertisement the eligible candidates submitted their applic...
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M.Y. Eqbal, J.1. Since these two appeals arose out of common judgment and award, the same are being heard and disposed of by this common order.2. M.A. No. 22 of 2004, has been filed by the claimants for enhancement of compensation awarded by the Motor Vehicles Accident Claims Tribunal, Latehar in M.V. Claim Case No. 01 of 2003, whereas M.A. No. 78 of 2004 has been filed by the appellant, National Insurance Company Limited challenging the quantum of compensation awarded by the tribunal in the said case.3. The fact of the case lies in a narrow compass.4. The appellants of M.A. No. 22 of 2004 (hereinafter referred to as the claimants) filed the aforementioned claim case under Section 166 of the Motor Vehicles Act, 1988, claiming compensation to the tune of Rs, 23,00.000/- for the death of Rajshri Nagesh in a motor vehicle accident. The claimants' case is that on 20.9.2002 the deceased Rajshri Nagesh was going to Chandwa to offer Puja along with her husband claimant No. 1 and Bodyguard by...
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Mridula Mishra, J.1. This application was initially filed by one Arun Kumar Sinha, who retired on 31.7.2001 from the post of Executive Engineer. The prayer of the petitioner was for commanding the respondents to pay all retiral benefits including pension, provident fund, gratuity and leave encashment as also for payment of arrears of full salary for the period of suspension from 7.7.1994 to 31.7.2001 along with statutory and penal interest. Further prayer of the petitioner was to quash the order bearing Memo No. 40 dated 14.1.2002 (Annexure-5) whereby the petitioner was directed to file second show cause in pursuant to the purported punishment passed under Rule 43 (b) of the Bihar Pension Rules.2. The original petitioner died during the pendency of this application and IA No. 4603 of 2002 was filed by his widow namely Asha Sinha for substituting her name in the category of petitioner, on account of the death of her husband. It was also stated in the IA petition that she has been autho...
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V.N. Sinha, J.1. Heard Sri Rajendra Pd. Singh Senior Advocate for the petitioner and Sri Ashok Kumar Singh learned Standing Counsel III for the State.2. Petitioner Is the Secretary and teacher of Prabhat Education Centre Middle School, Gurki Mandi Gulzarbagh, Patna. He has filed this writ application for direction to the respondent authorities to permit the Class VIII students of the aforesaid middle school to appear in Class VIII Board Examination conducted by the State Government. For similar relief he had filed CWJC No. 12946/02 which was disposed of under orders dated 11.12.2002 as contained in Annexure 11 whereunder this Court directed the Commissioner-cum-Secretary, Secondary, Primary and Adult Education of the Department of the State Government to consider the request of the petitioner for the said purpose. Learned Secretary, Secondary, Primary and Adult Education Department has thereafter considered the request of the petitioner and has rejected the same under order dated 20....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
D.P.S. Choudhary, President: 1. O.P. is the appellant who has preferred the appeal against the order dated 13.10.1998 passed by District Manager, Madhubani in Complaint Case No. 18/1998 whereby and whereunder the appellant (O.P.) have been ordered to give appropriate marks in the Hindi paper to the complainants son on average basis, then declare his result and further directed to pay Rs. 10,000/- to the complainant (respondent) by way of compensation and Rs. 100/- as cost of litigation. 2. The brief fact of the case is that complainant alleged that his son namely Utpal Kumar Mishra appeared in 1997 (annual) examination conducted by Bihar School Examination Board having Roll No. 096 and Code No. 6208 but he was declared to have failed as he secured only 20 marks in Hindi paper. The complainant was not satisfied with the marking of his son in Hindi paper and applied for re-evaluation in the Hindi subject and he deposited Rs. 25/- as a requisite fee for the same. It is also the case of th...
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Mridula Mishra, J.1. Both the appellants have been convicted under Sections 302/34 of the I.P.C. by the Additional Sessions Judge, Supaul in Sessions Case No. 2 of 1998 by judgment and order dated 18.1.2001/19.1.2001 and sentenced to undergo rigorous imprisonment for life.2. In the instant case a newly married bride Ranjana Bharti was found dead in her matrimonial home. The story of this unfortunate girl started on 3.2.1997 when her marriage was solemnised with appellant No. 1 Bal Kumar Bhagat. After her marriage she came to her matrimonial home and stayed there for about 15 days. She came back to her father's place and remained there for four months. Her second marriage (Dwiragman) was solemnised on 6.6.1997. Her father came for her Bidagri on 23.7.1997, but it was refused by the father-in-law and the husband of the deceased stating that after Gharhi festival she will be allowed to got to her father's place. On 30.7.1997 Satya Narayan Bhagat and Rajendra Bhagat at 8 p.m. came on jeep...
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Chandra Mohan Prasad, J.1. The two appeals arise out of the judgment and order dated 9th June, 1992 of the 1st Additional Sessions Judge, Munger passed in S.T. No. 29 of 1987 whereby appellant Gokul Paswan has been convicted under Sections 304, Part II and 148 of the Indian Penal Code and respectively sentenced to undergo rigorous imprisonment for 10 years and rigorous imprisonment for 2 years. Each of the three remaining appellants, namely, Devendra Paswan, Ravindra Paswan and Rambali Paswan has been convicted under Sections 147 and 323 of the Indian Penal Code and respectively sentenced to undergo rigorous imprisonment for 1 year and rigorous imprisonment for 1 year. The sentences are, however, to run concurrently.2. The fardbeyan of the case was recorded on statement of informant Ram Nandan Das (PW 5) on 20th August, 1986 at 6.30 a.m. at Barbigha Police Station. The prosecution case, as unfolded in the fardbeyan of the informant is that on 19th August, 1986 at about 12.00 noon whil...
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R.S. Garg, J.1. This Appeal under Clause 10 of the Letters Patent is filed by the Bihar State Co-operative Bank Limited and another being aggrieved by the order dated 31.7.2002 passed in CWJC No. 3170 of 2001 whereunder the learned Single Judge allowed the Writ Petition filed by the writ petitioner and the appellant stands directed to pay to the original petitioner the amounts of three advances, amounting to Rs. 40,000/- and odd.2. The writ petitioner Nareshwar Prasad filed a Writ Petition under Article 226 of the Constitution of India seeking a command against the respondents to make payment of entire amount of leave encashment and a further direction to the original respondents to pay interest on the deducted amount of leave encashment at the market rate from the date of retirement of the petitioner and a declaration in his favour that he is entitled to full amount of leave encashment. 3. The facts leading to the present dispute are that the original writ petitioner was appointed on...
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V.N. Sinha, J.1. Heard Sri Shivaji Pandey for the petitioner and Sri Navendra Kumar, J.C. to S.C. VI for the State of Bihar and official respondents.2. The petitioner who is holding the post of Assistant Inspector General, Prison-II and is a Member of Senior branch of Bihar Jail Service has filed this writ application praying, interalia, that authorities be directed to consider his case for promotion to the Senior Selection Grade. As according to him persons junior to him in the said service have already been given the Senior Selection Grade vide notification bearing Memo No. 4487 dated 29.10.1993, Annexure-8 to the writ application.3. The State respondents with reference to their counter-affidavit have submitted that the case of the petitioner for promotion to the Senior Selection Grade was considered twice, once on 16.10.1990 and again on 16.5.1997 but on both occasions he was not found fit for promotion by the Departmental Promotion Committee and as such he could not be promoted in...
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Aftab Alam, J.1. This writ petition seeks to challenge the order, dated 21.1.2002 by which the Reserve Bank of India rejected the application for licence to conduct the business of banking made on behalf of Chapra District Central Co-operative Bank Limited in the district of Saran, Bihar (hereinafter referred to as 'the Co-operative Bank') under Section 22 of the Banking Regulation Act. It is filed by two persons one of whom describes himself as the Secretary of a Co-operative Society and a share-holder of the Co-operative Bank which was denied licence. The other petitioner describes himself as a member of the executive committee of a primary agricultural co-operative society being one of the constituents of the Co-operative Bank. Thus, the Co-operative Bank is purported to be represented before this Court by one of its share-holders. Hence, the writ petition was required first to meet the challenge to its maintainability.2. It is not in dispute that the Co-operative Bank is a societ...
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